Notes.

08/29/2009

Meanwhile, in Teachers Union World...

The evidence of Mohammed’s incompetence—found in more than five thousand pages of transcripts from her hearing—seems as unambiguous as the city’s lawyer promised in his opening statement: “These children were abused in stealth. . . . It was chronic . . . a failure to complete report cards. . . . Respondent failed to correct student work, failed to follow the mandated curriculum . . . failed to manage her class.” The independent observer’s final report supported this assessment, ticking off ten bullet points describing Mohammed’s unsatisfactory performance. (Mohammed’s lawyer argues that she began to be rated unsatisfactory only after she became active with the union.)

This was the thirtieth day of a hearing that started last December. Under the union contract, hearings on each case are held five days a month during the school year and two days a month during the summer. Mohammed’s case is likely to take between forty and forty-five hearing days—eight times as long as the average criminal trial in the United States. (The Department of Education’s spotty records suggest that incompetency hearings before the introduction of P.I.P. Plus generally took twenty to thirty days; the addition of the peer observer’s testimony and report seems to have slowed things down.) Jay Siegel, the arbitrator in Mohammed’s case, who has thirty days to write a decision, estimates that he will exceed his deadline, because of what he says is the amount of evidence under consideration. This means that Mohammed’s case is not likely to be decided before December, a year after it began. That is about fifty per cent more time, from start to finish, than the O.J. trial took...

The majority of the transcript of the twenty-nine previous hearing days was given over to the lawyers and the arbitrator arguing issues that included whether and how Mohammed should have known about the contents of the Teachers’ Reference Manual; whether it was admissible that when Mohammed got a memo from the principal complaining about her performance, her students said, she angrily read it aloud in class; whether it was really a bad thing that she had appointed one child in her class “the enforcer,” and charged him with making the other kids behave; whether Mohammed’s union representative should have been present when she was reprimanded for not having a lesson plan; and whether the independent observer was qualified to evaluate Mohammed, even though she came from the neutral consulting company that the union had approved.

When the bill for the arbitrator is added to the cost of the city’s lawyers and court reporters and the time spent in court by the principal and the assistant principal, Mohammed’s case will probably have cost the city and the state (which pays the arbitrator) about four hundred thousand dollars.

Nor is it by any means certain that, as a result of that investment, New York taxpayers will have to stop paying Mohammed’s salary, eighty-five thousand dollars a year. Arbitrators have so far proved reluctant to dismiss teachers for incompetence. Siegel, who is serving his second one-year term as an arbitrator and is paid fourteen hundred dollars for each day he works on a hearing, estimates that he has heard “maybe fifteen” cases. “Most of my decisions are compromises, such as fines,” he said. “So it’s hard to tell who won or lost.” Has he ever terminated anyone solely for incompetence? “I don’t think so,” he said. In fact, in the past two years arbitrators have terminated only two teachers for incompetence alone, and only six others in cases where, according to the Department of Education, the main charge was incompetence.